JOHN KIPLANGAT BARBARET,CHRISTOPHER KIPTONUI MARITIM,WILLIAM MAKILOT SANG,JOSEPH KIPKOSGEI MARITIM,SIMEON KIPLANGAT NNGERECHI,KIMUTAI ARAP KENDUIYWO,PHILIP KIPKIRUI CHESIMET,BARTA TESOT & CHEMIYWA ARAP CHEPKELAT V. ISAIAH KIPLANGAT ARAP CHELUGET

JUDGMENT OF THE COURT

1. The nine appellants in this appeal described themselves (in the suit No. 400 of 2003 (O.S) in the High Court at Nairobi which gave rise to the impugned judgment) as representatives and part of “Sagamian Community” whose members numbering 398 were named in a schedule attached to the Originating Summons dated 17^th April 2003 which commenced the said suit. The respondent, Isaiah Kiplangat Arap Cheluget, was the sole defendant. The claim by the appellants against the respondent was for an order that they had acquired title to the respondent's land LR No. NAROK/CIS-MARA/ILMOTIOK/54 (which is hereinafter referred to as “the suit land”) through adverse possession of over 120 years. The appellants qua plaintiffs also sought orders to be registered as the proprietors of the suit land in place of the respondent and that the latter be required to execute an instrument of transfer of the suit land in their favour.

2. A certificate of official search dated 19^th June 2001 att…